Scriven v. Hursh

Complainant filed his bill to foreclose a mortgage. Subpoena was personally served upon both defendants. They did not appear, and a decree was rendered in favor of complainant, and the mortgaged premises advertised to be sold on the 16th day of November, 1877.

*99November 14th, defendants presented their petition in the court and cause, in which they attempted to excuse their not appearing and defending, and asking that the decree be vacated and they have leave to file their joint and several answer nunc pro tunc, and for farther relief. The court dismissed the petition, and from the order…